1. SECTION 311(B)(6)(B)(I) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1321(B)(6)(B)(I), AS AMENDED BY THE OIL POLLUTION ACT OF 1990. 2. MOUNTAIN STATES CONSTRUCTORS, INC. FACILITY: MOUNTAIN STATES CONSTRUCTORS, INC. - BULK STOR- AGE 1-25 W. FRONTAGE ROAD, BETWEEN COMMANCHE AND CANDELARIA ALBUQUERQUE, BERNALILLO COUNTY, NEW MEXICO 87197 3. RESPONDENT WAS IN VIOLATION OF SECTION 311 OF THE CWA BY 1) NO SPILL PREVENTION CONTROL AND COUNTERMEASURE PLAN. 4. RELIEF SOUGHT PURSUANT TO SECTION 311(B)(6)(B)(I) OF THE CWA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $1,000 FOR THE VIOLATION CITED.